7KBW Expertise

7KBW has maintained an enviable reputation and experience in all aspects of insurance and reinsurance; shipping and transport; civil fraud; professional negligence; international trade and commodities; energy, oil and gas; agency; injunctions and arrests; shipbuilding; sale of goods; banking and financial services; futures and derivatives; aviation; media and communications; construction; conflicts of law; and international investment.

Arbitrators/Mediators

7KBW is a founder member of the London Court of international Arbitration. The majority of senior members regularly sit as arbitrators and are happy to accept ad hoc appointments, or appointments via arbitral institutions such as the ICC, SIAC, CAS, HKIAC, LMAA and ICDR.

Pupillage at 7KBW

A maximum of 4 twelve month pupillages are available per year. Applications should be made via the Pupillage Gateway 2019 season for pupillages commencing in September 2020 or (for deferred applications) commencing in September 2021.

Banking & finance

7KBW is one of the leading chambers in the Banking & Finance Services sector. Members of Chambers have represented many of the largest retail and investment banks and financial institutions, in the UK and internationally, in a series of high profile cases.

Members of 7KBW act both in discrete contractual disputes (involving, for example, bills of exchange, promissory notes and guarantees) and in broader litigation involving the management and supervision of banks. Due to the large amount of shipping and commodities work done in Chambers, most of our members also have extensive experience of trade finance.

Members of 7KBW have been heavily involved in litigation arising out of the financial crisis of 2008, most notably Jonathan Gaisman QC, who advised the directors of RBS in the £4 billion rights issue litigation; Alistair Schaff QC, who is handling a £100 million mis-selling case; and Andrew Wales QC, who acted in the £100 million claim relating to Standard Life’s £2 billion retail cash fund which lost 5% in one day in 2009.

DF Deutsche Forfait S.R.O. v Nasser Alaghband(2015): (Tim Jenns acted for the Claimant forfaiting company in a claim for around US$3.5 million under a Promissory Note alleged to be void under German law).

Clarks v In Focus Asset Management[2014] EWCA Civ 118: (Alistair Schaff QC, successfully led this very important appeal concerning the application of res judicata and merger principles to claims in excess of the maximum amount awardable under the FOS jurisdiction).

Standard Life v Ace [2012] EWHC 104 (Comm); [2012] EWCA Civ 1713: (Alistair Schaff QC, led for the London insurance market in this three week £100 million commercial court trial followed by an appeal to the Court of Appeal, mis-selling financial products).

Barings v Coopers & Lybrand(2003): Jonathan Gaisman QC, Christopher Butcher QC, David Bailey QC and James Brocklebank were part of the team defending Deloitte & Touche in respect of their role as auditors of Baring Futures Singapore. The claim against D&T, which raised issues of scope of duty, causation, contributory negligence, deceit, and reflective loss, was for more than £1 billion. The claimants achieved judgment for just over £1.5 million.

Cunningham v Ellis & Others [2018] EWHC 3188 (Comm) James Brocklebank QC and Ralph Morley have successfully secured the dismissal of a £39m Commercial Court fraud and conspiracy claim against their client, Ernst & Young (EY). The claim was struck out and summary judgment was given in favour of EY. The claimant had been majority […]

Bilta (UK) Ltd v Royal Bank of Scotland Plc [2017] EWHC 3535 An important judgment on legal professional privilege has been handed down by the High Court. In Bilta (UK) Ltd v Royal Bank of Scotland Plc [2017] EWHC 3535 the Chancellor considered the scope of litigation privilege and upheld RBS’s claim to privilege over […]

National Bank of Kazakhstan and the Republic of Kazakhstan (Claimants) v the Bank Of New York Mellon SA/NV, London Branch (Defendant) [2017] EWHC 3512 (Comm) Christopher Butcher QC appeared on behalf of the Defendant in these Part 8 proceedings. This is the latest development in England of a dispute spanning several jurisdictions and which has […]

[2017] UKPC 44 Gavin Kealey QC and James Goudkamp appeared on behalf of the Appellants in this appeal to the Privy Council against the decision of the Court of Appeal of the Bahamas. The dispute concerned the beneficial ownership of funds standing to the credit of a joint bank account. An elderly man (“the Testator”) […]

[2017] UKPC 34 Gavin Kealey QC and Elizabeth Lindesay acted on behalf of the successful Respondent, Guardian Asset Management Limited (“GAM”), in these combined appeals to the Privy Council from the Court of Appeal of Trinidad and Tobago. The dispute arose out a commercial loan transaction for TT$18.6 million advanced by GAM to the appellants, […]

COLLECTION FEES: THE PERIL OF NOT EXERCISING A CONTRACTUAL DISCRETION Clive Freedman QC of 7 KBW, leading Simon Mills, instructed by James Southworth of Eversheds Sutherland, has succeeded in a claim of particular interest to the factoring and invoice discounting industry. They acted for BHL, a company having a shareholding in the company which manufactures […]

Turner v Norton (Ch D) Tim Jenns acted for the successful Defendant, a British Citizen resident in Barbados. The Claimant, also a British Citizen resident in Barbados, sued the Defendant seeking to recover sums allegedly due under a loan agreement made between the parties. The loan was advanced in Barbados and denominated in Barbadian dollars […]

James Drake QC appeared for the Orb Parties (viz, the Claimants, the Fifth Party and the Seventh Party), leading Paul Greenwood and Nicholas Gibson. Tim Jenns appeared for the Defendant, Mr Ruhan. This is a complex and high value multi-party commercial fraud dispute. After a five day hearing in February 2015 before Mr Justice Cooke, […]

Richard Waller QC, Tim Jenns and Andrew Pearson acted for the Defendant, Mr Andrew Ruhan, in a substantial interlocutory application, in this complex and high value multi-party commercial fraud dispute, which is due to come on for a 4-month hearing before the Commercial Court in late 2016/early 2017. The Defendant brought applications, inter alia (i) […]

The High Court has handed down judgment in a long-running dispute arising out of a contract to enter into a series of forward freight agreements. SJ Phillips QC, NG Casey and Clara Benn acted for the successful claimants. Cooke J found that there was an overarching personal contract between the owner of the TMT Group, […]

DELAY CAN BE FATAL TO A FREEZING INJUNCTION Clive Freedman QC, instructed by Jack Rabinowicz of Teacher Stern LLP, successfully resisted an application to renew a freezing order. On 11 August 2014, Asplin J made a freezing order against the Defendant in the amount of £1.6 million, but Roth J on the adjourned return date […]

Alistair Schaff QC successfully appeared for a financial services firm and its insurers in this very important decision. The case concerned the FOS (Financial Ombudsman Service) jurisdiction and the effect of complainants who accepted a FOS determination in their favour up to the maximum enforceable limit awardable by FOS ( then £100,000; now £150,000) and […]

In Conlon v Black Horse, the Court of Appeal confirms that the non-disclosure of commission earned on PPI premium does not render a relationship ‘unfair’, but grants permission to appeal to the Supreme Court.

Simon Picken QC and Sushma Ananda acted for the Defendants in their successful challenge to the jurisdiction in the face of a claim by Citigroup Global Markets Ltd (“CGML”) for negative declaratory relief arising out of two options transactions, evidenced by confirmations incorporating the form of the 2002 ISDA Master Agreement. In particular, the Defendants […]

Appeared in the Commercial Court with Charles Debattista in a jurisdiction challenge application concerning the effect of jurisdiction clauses in a stand-by letter of credit and in other banking contracts. To view the judgment click here.

[2011] EWHC 3103 (Comm) This is another in the line of cases deciding whether a commercial instrument is a “demand” or a “see to it” guarantee; but it also involved a careful consideration of many of the “predictable” defences raised on a claim under a guarantee, namely, variation of the underlying contract, non-disclosure of material […]

[2010] EWHC 2661 (Comm) Christopher Butcher QC – Oil Pollution – Counter Terrorism Act; Financial Restrictions (Iran) Order – Effect of Club cover for Liability and Frustration of Contract. Under the International Convention on Civil Liability for Bunker Oil Pollution Damages 2001 a vessel trading in the waters of states who are parties to the […]

[2010] EWCA Civ 697; [2009] EWHC 2267 (Comm) Richard Southern QC and Jessica Sutherland acted for the Defendant in a breach of warranty claim arising out of a share sale and purchase agreement for the sale of a UK gas retail business; the claim was successfully defended both in the Commercial Court and in the […]

[2009] 2 All ER (Comm) 603 The case concerned a challenge to the jurisdiction of the English court by PZL, a Polish aircraft equipment manufacturing company, in relation to a claim on a FX structured product brought by the French bank, Calyon. Calyon claimed that the agreement between the parties was governed by the ISDA […]

On 13th July 2009, the Court of Appeal handed down judgment in Highland Crusader Offshore Partners v Deutsche Bank AG [2009] EWCA Civ 725. The case is now the leading authority on anti-suit injunctions and parallel proceedings in circumstances where a contract contains a non-exclusive jurisdiction clause. Tim Saloman QC and Charles Holroyd (both from […]

[2007] 2 All ER (Comm) 924 Simon Picken QC led John Bignall and Josephine Higgs – Interest – Damages – Commercial Cases – Appropriate rate of interest on damages – Case involving foreign currency At a hearing on 29 September 2005 following the Preliminary Issues judgment the Court gave directions for a full trial to […]

[2007] 1 Lloyd’s Rep. 528; [2007] 2 All ER (Comm) 672 Christopher Butcher QC and Alexander MacDonald conducted a case concerning a challenge to an expert determination made as to the premium payable in connection with the reinsurance by Halifax Life of The Equitable Life’s unit linked and non-profit business.

[2007] 1 Lloyd’s Rep. 487 Robert Bright QC – Settlement agreement – Allegation of fraud made against bank in proceedings against bank and other defendants – Settlement between bank and claimants on basis that allegations of fraud would not be repeated – Proper construction of settlement – Whether settlement contrary to public policy

Gavin Kealey QC, Julia Dias and Alexander MacDonald – ICC arbitration between English reinsurers and South American reassured: Claim under reinsurance of a Bankers’ Blanket Bond policy insuring a State Central Bank.

[2005] EWHC 2347 (Comm) Dominic Kendrick Q.C. and Timothy Kenefick acted for the claimants who succeeded in a £350 million claim concerning the sale of a company, ERF, in a fraud trial which also featured consequential claims in professional negligence against auditors. This major Commercial Court trial spanned 6 months and concluded in June 2005. […]

[2003] Lloyd’s Rep IR 566; see also [2002] 2 BCLC 410, [2002] 2 BCLC 364, and [2001] Lloyd’s Rep PN 379 Jonathan Gaisman Q.C., Christopher Butcher Q.C., David Bailey and James Brocklebank were part of the team defending Deloitte & Touche in respect of their role as auditors of Baring Futures Singapore. The claim against […]

[1999] Lloyd’s Rep. Bank 219 Stephen Kenny acted for the plaintiff, Karaganda Ltd. This letter of credit case concerned the requirement under UCP 500 for tender of original documents. The Court of Appeal held (notwithstanding the terms of Art. 20(b) of UCP 500) that a document created on a word-processor, printed on a laser-printer, but […]

[1998] 2 All ER 821 Timothy Saloman Q.C. led Alistair Schaff in a Conflict of laws matter – Contract – Proper law of contract – Bank – English bank holding account for Sierra Leone company owned by Sierra Leone government – Company’s articles of association providing that board of directors to consist of eight members […]

[1997] 1 Lloyd’s Rep. 487 Gavin Kealey Q.C. led David Edwards for syndicate of Banks in trial against Agent Bank: Duties of care owed by agent bank to syndicate of banks, misrepresentation and duties in the context of commercial property lending and mortgage indemnity insurance policies, the syndication of credit risks, the construction of Loan […]

[1994] 2 LLR 524 Alistair Schaff acted in a major trial between the bank and its customer which was only concluded on appeal in 1999 Practice – Writ – Application to set aside – Jurisdiction – Loan agreement, assignment of earnings and deed of charges entered into between German bank and Liberian shipowners – Documents […]

Cunningham v Ellis & Others [2018] EWHC 3188 (Comm) James Brocklebank QC and Ralph Morley have successfully secured the dismissal of a £39m Commercial Court fraud and conspiracy claim against their client, Ernst & Young (EY). The claim was struck out and summary judgment was given in favour of EY. The claimant had been majority […]

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7KBW on Twitter

7KBW members Gavin Kealey QC, Julia Dias QC and Rebecca Sabben Clare QC will be speaking at the London International Disputes Week @LIDW19 in May 2019. More details on the sessions and locations can be found here. bit.ly/2TAEW7T#LIDW19